Worldwide Regulation of the Vaping Industry (Ultimate Guide)

*** Updated 9th September 2021 ***

From a political and regulatory standpoint, vaping is easily one of the most divisive topics in the world. The vaping regulations of the region in which you live, in fact, may have a substantial influence on the way you feel about vaping. If you live in the United Kingdom, for instance, you probably see vaping as a less harmful alternative to smoking and recognise it as something that’s helping smokers quit – even if you don’t vape or smoke yourself.

On the other hand, suppose that you live in the United States and don’t know someone who quit smoking with the help of an e-cigarette. All you know are FDA vaping regulations, what you’ve read in the mainstream media, and you might see vaping as a scourge that’s addicting the nation’s youth to nicotine.

Regional perceptions have a great deal to do with how people feel about vaping, and that’s one of many reasons why the world’s governments regulate vaping in a wide variety of different ways. So, is vaping legal where you live or where you’re thinking about travelling this year? Are there any underlying circumstances that could cause your nation’s vaping regulations to change in the future? In this list of worldwide vaping regulations, we’re going to examine the differing ways in which vaping is regulated by the world’s major nations and discover where vaping is banned.

worldwide regulations of the vaping industry

Embed this infographic in your own site – copy the code below to embed

<p><img src=”https://vapekit.co.uk/blog/wp-content/uploads/2021/08/Vapekit_map.png” max-width=”1000″> <p>Worldwide Regulations of the Vaping Industry – An Infographic by <a href=”https://vapekit.co.uk/blog/worldwide-regulation-of-the-vaping-industry-ultimate-guide/“>Vapekit</a></p>

Note: As you read this article, you will find the information easier to digest if you keep two things in mind about how vaping regulations around the world typically work.

  • Governments usually consider tobacco-flavoured e-liquid “unflavoured” from a legal standpoint. Therefore, when a nation has an e-liquid flavour ban in place or is considering implementing such a ban, tobacco e-liquid is still allowed. In many cases, menthol e-liquid is also allowed.
  • In most cases, any restrictions applied to how vaping products can be sold or used also generally apply to tobacco products. For instance, if a nation doesn’t allow businesses to display vaping products for sale or doesn’t allow people to vape in public places, the same things are also true of tobacco products. Tobacco restrictions aren’t mentioned in list of vaping regulations, though, because such restrictions are outside the scope of this article.

Disclaimer: This article is not legal advice. The information presented here is correct to the best of our knowledge at the time of writing. However, vaping regulations around the world are in a constant state of flux. There are many nations that have only recently legalised vaping. A few nations are considering the implementation of vaping bans, and there are still other nations that have no vaping regulations at all and will almost certainly implement regulations in the future. This article represents our best effort to summarise the current legal state of vaping in all of the world’s major nations, and we are not responsible for any negative consequences arising from the use or misuse of the information presented herein. Do not attempt to bring your vape gear to any foreign nation unless you are absolutely certain it is legal to do so.

North America

Canada

Vaping is legal in Canada

vaping regulations in canada

Embed this infographic in your own site – copy the code below to embed

<p><img src=”https://vapekit.co.uk/blog/wp-content/uploads/2021/08/Vapekit_CA_map.png” max-width=”1000″> <p>Vaping Regulations in Canada – An Infographic by <a href=”https://vapekit.co.uk/blog/worldwide-regulation-of-the-vaping-industry-ultimate-guide/“>Vapekit</a></p>

Compared to other major nations, Canada was a little slow to regulate vaping at the federal level and did not enact nationwide regulations for vaping products until 2018. By that time, many Canadian provinces and municipalities had already enacted their own vaping regulations, most notable are Alberta vaping regulations.

Canada’s federal vaping regulations mainly deal with basic product and sales standards, defining 18 as the minimum age for purchasing vaping products and requiring manufacturers to put prominent nicotine concentration statements and nicotine warnings on their products. Sellers of vaping products also cannot make smoking cessation claims unless authorised by Health Canada to do so. 

The Tobacco and Vaping Products Act (TVPA) gives Canada’s federal government broad power to recall specific vaping products or remove those products from the market if they present known safety hazards or are found to have youth appeal. The TVPA also gives the government the power to ban specific e-liquid ingredients or flavours if they are found to be hazardous.

Vaping Regulations for Canadian Provinces and Selected Cities

  • Alberta

    Vaping is legal in Alberta. Under Alberta vaping regulations, vaping products are taxed at a rate of 20 percent of the retail price.

  • British Columbia

    Vaping is legal in British Columbia. Advertising is banned except in facilities that do not permit access to minors. The minimum age for buying vapour products is 19.

  • Manitoba

    Vaping is legal in Manitoba. Vapour products may not be displayed for sale except in vape shops that do not admit minors.

  • New Brunswick

    Vaping is legal in New Brunswick. The minimum age for buying vapour products is 19. A bill has been introduced that would ban flavoured e-liquids. The bill has wide support among legislators.

  • Newfoundland and Labrador

    Vaping is legal in Newfoundland and Labrador. Vaping products are taxed at a rate of 20 percent of the retail price. The minimum age for buying vaping products is 19.

  • Nova Scotia

    Vaping is legal in Nova Scotia. E-liquid products are taxed at a rate of $0.50 per ml. Vaping devices are taxed at a rate of 20 percent of the retail price. E-liquid flavours other than tobacco are banned. The maximum legal nicotine strength for e-liquid is 20 mg/ml.

  • Ontario

    Vaping is legal in Ontario. The minimum age for buying vapour products is 19. Only specialty vape shops are allowed to sell e-liquids in flavours other than tobacco, mint and menthol and in nicotine concentrations higher than 20 mg/ml.

  • Prince Edward Island

    Vaping is legal in Prince Edward Island. The minimum age for buying vapour products is 21 except for those who were 19 or older when the law came into effect in 2020. E-liquid flavours other than tobacco are banned, and e-liquid is only available from tobacconists.

  • Quebec

    Vaping is legal in Quebec. Substantially the same as federal regulations. At the time of writing, the province reportedly intends to ban most flavoured vaping products and place a limit on nicotine strengths. However, those proposed regulations are only in the initial discussion stages.

  • Saskatchewan

    Vaping is legal in Saskatchewan. E-liquid flavours other than tobacco, mint and menthol are available only from specialty vape shops that do not admit minors. Standard retailers may not display vaping products.

References

United States

Vaping is legal in the United States

vaping regulations in the united states

Embed this infographic in your own site – copy the code below to embed

<p><img src=”https://vapekit.co.uk/blog/wp-content/uploads/2021/08/Vapekit_US_map.png” max-width=”1000″> <p>Vaping Regulations in USA – An Infographic by <a href=”https://vapekit.co.uk/blog/worldwide-regulation-of-the-vaping-industry-ultimate-guide/“>Vapekit</a></p>

Vaping in the United States is regulated at the federal level. However, states and municipalities are free to institute their own vaping regulations as long as those rules are less lenient than the rules in place at the federal level. The Food and Drug Administration (FDA) is the government entity that regulates tobacco and vaping products in the United States.

New FDA Vaping Regulations under the Family Smoking Prevention and Tobacco Control Act

In 2016, the FDA announced its intention to regulate vaping products as tobacco products under the provisions of the Family Smoking Prevention and Tobacco Control Act. One of the provisions of the Act is that after 2007, no new tobacco product can be sold legally unless the maker of that product has obtained a marketing order from the FDA. To receive a marketing order, the maker of the product must compile and submit a Premarket Tobacco Application (PMTA). New FDA vaping regulations under the PMTA must demonstrate that the product is appropriate for the protection of public health and that it will not encourage new initiation of nicotine use

The PMTA requirement applies to all vaping products such as devices, tanks, coils and e-liquids. Every flavour and every nicotine strength of every e-liquid product requires its own PMTA. The rule also applies to nicotine-free e-liquids.

The FDA ruling allowed all vaping products that were already on the market in 2016 to remain on the market until the final deadline for PMTA submission, which was 9th September 2020. Following PMTA submission, those products may remain on the market for a further year – until 9th September 2021 – pending the outcome of the application process.

  • Alabama: Vaping is legal in Alabama. Vape shops are prohibited in close proximity to facilities such as churches, schools and libraries.
  • Alaska: Vaping is legal in Alaska. Substantially the same as federal regulations.
    • Anchorage: Vaping products are taxed at 55 percent of the wholesale price.
  • Arizona: Vaping is legal in Arizona.Vaping is prohibited in foster homes and in vehicles where foster children are present.
  • Arkansas:Vaping is legal in Arkansas. Substantially the same as federal regulations.
  • California: Vaping is legal in California. Vaping products containing nicotine are taxed at 59.27 percent of the wholesale price. In 2020, California Governor Gavin Newsom signed a bill into law that would ban all e-liquid flavours except tobacco. However, consumers successfully petitioned to delay the enforcement of the flavour ban until a public referendum scheduled for November 2022.
    • San Francisco: San Francisco banned all sales of vaping products in 2020. Several other California cities such as Palo Alto, Richmond and Menlo Park have enacted similar bans.
  • Colorado: Vaping is legal in Colorado. Sales of flavoured vaping products are banned in traditional retail establishments but allowed at vape shops and tobacconists. Vaping products are taxed at 30 percent of the wholesale price in 2021. The tax rate will increase incrementally to a maximum of 62 percent in 2027.
  • Connecticut: Vaping is legal in Connecticut. Substantially the same as federal regulations. A bill to ban all flavoured vaping products is currently pending in the state legislature.
  • Delaware: Vaping is legal in Delaware. E-liquids are taxed at $0.05 per ml.
  • District of Columbia: Vaping is legal in District of Columbia. Vaping products are taxed at 91 percent of the wholesale price.
  • Florida: Vaping is legal in Florida. Substantially the same as federal regulations.
  • Georgia: Vaping is legal in Georgia. E-liquids are taxed at $0.05 per ml. Other vaping products are taxed at 7 percent of the wholesale price.
  • Hawaii: Vaping is legal in Hawaii. Substantially the same as federal regulations.
  • Idaho: Vaping is legal in Idaho. Substantially the same as federal regulations.
  • Illinois: Vaping is legal in Illinois. Vaping products are taxed at 15 percent of the wholesale price.
    • Chicago: All flavoured vaping products except tobacco are banned.
  • Indiana: Vaping is legal in Indiana. Substantially the same as federal regulations. In 2021, a bill was introduced that would impose an e-liquid tax of $0.08 per ml. At the time of writing, the bill has no hearing date scheduled.
  • Iowa: Vaping is legal in Iowa. Substantially the same as federal regulations.
  • Kansas: Vaping is legal in Kansas. E-liquid is taxed at a rate of $0.05 per ml. A bill has been introduced in the state legislature that would ban flavoured e-liquids. At the time of writing, the bill is not scheduled for a hearing.
  • Kentucky: Vaping is legal in Kentucky. E-liquid is taxed at a rate of 15 percent of the wholesale price. Cartridges and pods for closed vaping systems are taxed at a rate of $1.50 per cartridge or pod.
  • Louisiana: Vaping is legal in Louisiana. E-liquid is taxed at a rate of $0.05 per ml.
  • Maine: Vaping is legal in Maine. Vaping products are taxed at a rate of 43 percent of the wholesale price. A bill has been introduced in the state legislature that would ban flavoured e-liquids. At the time of writing, the bill has passed committee and will receive a full vote in the near future.
  • Maryland: Vaping is legal in Maryland. Vaping products are taxed at a rate of 12 percent of the retail price except e-liquid containers smaller than 5 ml, which are taxed at 60 percent of the retail price. A bill has been introduced in the state legislature that would ban flavoured e-liquids and prohibit all online sales of vaping products. The bill received a full reading in the Senate Committee on Finance on 28th January 2021.
  • Massachusetts: Vaping is legal in Massachusetts. Vaping products are taxed at a rate of 75 percent of the wholesale price. All e-liquid flavours other than tobacco are banned.
  • Michigan: Vaping is legal in Michingan. Substantially the same as federal regulations. In 2019, Governor Gretchen Whitmer instituted a ban on flavoured e-liquids that was struck down by the Michigan Court of Claims – and again by the Court of Appeals – shortly thereafter. The Michigan Department of Health and Human Services held a public hearing regarding another proposed flavour ban on 28th September 2020. The rule has made no progress since then.
  • Minnesota: Vaping is legal in Minnesota. E-liquid with nicotine is taxed at a rate of 95 percent of the wholesale price. A bill has been introduced in the state legislature that would extend the tax to vaping hardware as well.
    • City Flavour Bans: Several cities in Minnesota have banned flavoured e-liquids other than tobacco. Those cities include Minneapolis, St. Paul and Duluth.
  • Mississippi: Vaping is legal in Mississippi. Substantially the same as federal regulations.
  • Missouri: Vaping is legal in Missouri. Substantially the same as federal regulations. A bill has been introduced in the state legislature that would tax vaping products at 10 percent of the wholesale price. The bill has passed committee but has not been scheduled for a full reading.
    • Kansas City: A city ordinance has been introduced that would ban flavoured vaping products. The ordinance received a committee reading on 9th June 2021.
  • Montana: Vaping is legal in Montana. Substantially the same as federal regulations.
    • Missoula: E-liquids in flavours other than tobacco are banned. However, the Montana state legislature is considering a bill that would make it illegal for cities to enact vaping regulations that exceed the state’s laws.
  • Nebraska: Vaping is legal in Nebraska. Substantially the same as federal regulations.
  • Nevada: Vaping is legal in Nevada. Vaping products are taxed at a rate of 30 percent of the wholesale price.
  • New Hampshire: Vaping is legal in New Hampshire. Bottled e-liquid is taxed at a rate of 8 percent of the wholesale price. Pods and cartridges for closed vaping systems are taxed at a rate of $0.30 per ml.
  • New Jersey: Vaping is legal in New Jersey. E-liquid is taxed at a rate of 10 percent of the retail price. Flavoured e-liquids other than tobacco are banned.
  • New Mexico: Vaping is legal in New Mexico. Vaping products are taxed at a rate of 12.5 percent of the wholesale price except pods and cartridges for closed vaping systems, which are taxed at $0.50 per pod or cartridge. A bill has been introduced in the state legislature that would ban flavoured e-liquids. The bill has passed committee and has not yet been scheduled for a full reading.
  • New York: Vaping is legal in New York. Vaping products are taxed at a rate of 20 percent of the retail price. Manufacturers of vaping products must provide ingredient lists and reports on expected emissions to the state. Pharmacies are not allowed to sell vaping products. Online e-liquid sales are banned. E-liquid flavours other than tobacco are banned except when those products have received marketing orders from the FDA. At the time of writing, no vaping product has received a marketing order from the FDA.
  • North Carolina: Vaping is legal in North Carolina. E-liquid is taxed at a rate of $0.05 per ml.
  • North Dakota: Vaping is legal in North Dakota. Substantially the same as federal regulations. A bill has been introduced in the state legislature that would tax vaping products at a rate of 28 percent. The bill passed committee and has not yet been scheduled for a full reading.
  • Ohio: E-liquid is taxed at a rate of $0.10 per ml.
  • Oklahoma: Vaping is legal in Oklahoma. Substantially the same as federal regulations.
  • Oregon: Vaping is legal in Oregon. Vaping products are taxed at a rate of 65 percent of the wholesale price. In 2019, Oregon instituted a ban on flavoured e-liquids that was struck down by a state appeals court shortly thereafter.
  • Pennsylvania: Vaping is legal in Pennsylvania. Vaping products are taxed at a rate of 40 percent of the wholesale price.
  • Rhode Island: Vaping is legal in Rhode Island. All e-liquid flavours other than tobacco are banned. A bill has been introduced in the state legislature that would repeal the flavour ban. The bill passed committee and has not yet been scheduled for a full reading.
  • South Carolina: Vaping is legal in South Carolina. Substantially the same as federal regulations.
  • South Dakota: Vaping is legal in South Dakota. All shipments of vaping products to consumers are banned.
  • Tennessee: Vaping is legal in Tennessee. Substantially the same as federal regulations.
  • Texas: Vaping is legal in Texas. A bill has been introduced in the state legislature that would tax e-liquid with nicotine at a rate of $0.05 per ml. The bill was passed by the house of representatives on 7th May 2021 and has moved on to the senate.
  • Utah: Vaping is legal in Utah. Vaping products are taxed at a rate of 56 percent of the wholesale price. Online sales of vaping products are banned. The state is attempting to implement a rule that would ban flavoured e-liquid sales except by vape shops and tobacconists.
  • Vermont: Vaping is legal in Vermont. Vaping products are taxed at a rate of 92 percent of the wholesale price. Online sales of vaping products are banned. A bill has been introduced in the state legislature that would ban e-liquid flavours other than tobacco. At the time of writing, the bill is still in committee.
  • Virginia: Vaping is legal in Virginia. Substantially the same as federal regulations.
  • Washington: Vaping is legal in Washington. Bottled e-liquid in sizes greater than 5 ml is taxed at a rate of $0.09 per ml. Bottles 5 ml and smaller – and pods and cartridges for closed systems – are taxed at a rate of $0.27 per ml. A bill has been introduced in the state legislature that would increase the tax on vaping products.
  • West Virginia: Vaping is legal in West Virginia. E-liquid products are taxed at a rate of $0.075 per ml.
  • Wisconsin: Vaping is legal in Wisconsin. E-liquid products are taxed at a rate of $0.05 per ml. The proposed state budget for 2021-23 includes language that would tax all vaping products at a rate of 71 percent of the wholesale price.
  • Wyoming: Vaping is legal in Wyoming. Vaping products are taxed at a rate of 15 percent of the wholesale price or 7.5 percent of the retail price if the wholesale tax has not already been paid.
References

South America

Argentina

Vaping is not fully legal in Argentina

Vaping regulations in Argentina don’t specifically prohibit the act of vaping. However, it is illegal to import, advertise or sell vaping products in Argentina, so there is no way to buy vaping products there legally. In addition, all public smoking bans also apply to vaping products. 

References

Brazil

Vaping is not fully legal in Brazil

At the time of writing, it is illegal to import, advertise or sell vaping products in Brazil. However, vaping regulations in Brazil do not make it illegal to own or use a vaping device. Brazilian law classifies vaping products as tobacco products, so it is illegal to vape in Brazil wherever smoking isn’t allowed. 

Reports suggest that the vaping ban in Brazil is only lightly enforced and that there are as many as 400,000 vapers there who obtain their e-liquid, coils and other vape gear from informal sources. In 2020, Brazil’s National Health Surveillance Agency intended to re-evaluate the nation’s stance on vaping with an eye on potential legalisation. However, those plans were postponed due to the COVID-19 pandemic. It is currently unknown when – or if – vaping will become legal in Brazil.

References

Chile

Vaping is not fully legal in Chile

Vaping regulations in Chile classify e-cigarettes as medicinal products. In order to sell a vaping product in Chile legally, the maker of that product would need to register it with the National Agency of Medicines. So far, no vaping company has attempted to go through that channel to legalise its products. Therefore, there is currently no way to legally buy vaping products in Chile. Nevertheless, it was estimated that 6.5 percent of Chileans aged 12-65 were vapers in 2016.

In 2019, a bill was introduced in the Chilean Parliament proposing that the nation should begin regulating e-cigarettes as tobacco products rather than therapeutic goods. Chile’s health minister opposed the bill. The current status of the proposed legislation is unknown.

References

Colombia

Vaping is not fully legal in Colombia

Vaping regulations in Colombia classify e-cigarettes as imitations of tobacco cigarettes, which makes them illegal to manufacture, advertise or sell. It is also illegal to vape in Colombia in places where smoking is not allowed. Despite the ban on the sale of e-cigarettes, research suggests that Colombia is one of Latin America’s fastest-growing vaping markets. Colombia has no regulations that would make owning or using a vaping device illegal, but the country’s vaping regulations currently make it impossible to buy vaping products legally.

References

Mexico

Vaping is not fully legal in Mexico

Vaping regulations in Mexico are in a constant state of flux. While vaping regulations in Mexico seem to state that buying vape gear there is illegal, it’s estimated that there are as many as 1.2 million regular vapers there. Specifically, Mexican law states that it is illegal to manufacture or sell products that imitate tobacco products but contain no tobacco. Vape shop owners filed a lawsuit to challenge the law, though, and the Mexican Supreme Court ruled that the law was unconstitutional and that the suing parties could continue doing business. However, the court’s verdict did not set a national precedent and only applied to the parties who filed suit. Despite the law, there are many vape shops in Mexico.

In 2020, Mexican President Andres Manual Lopez Obrador signed an executive decree making imports of vaping products into Mexico illegal. However, it is unknown whether the decree is actually being enforced.

References

Europe

European Union

Vaping is legal in the European Union

vaping regulations in the european union

Embed this infographic in your own site – copy the code below to embed

<p><img src=”https://vapekit.co.uk/blog/wp-content/uploads/2021/08/Vapekit_EU_map.png” max-width=”1000″> <p>Vaping Regulations in the EU – An Infographic by <a href=”https://vapekit.co.uk/blog/worldwide-regulation-of-the-vaping-industry-ultimate-guide/“>Vapekit</a></p>

Vaping regulations in the European Union are codified in a set of rules called the Tobacco Products Directive (TPD). To minimise the addictive potential of e-cigarettes and to help prevent accidental nicotine poisoning, the TPD sets limits on the amount of nicotine that any vaping product can contain. Those limits include:

  • A maximum capacity of 2 ml for any e-cigarette tank, pod or cartridge
  • A maximum bottle size of 10 ml for any e-liquid bottle containing nicotine
  • A maximum nicotine strength of 20 mg/ml for any e-liquid

The TPD also sets basic safety standards for e-liquids sold throughout the EU. E-liquid additives such as caffeine, taurine and colourings are prohibited. All vaping products must include prominent health warnings. Manufacturers must conduct emissions tests on new products before releasing those products. The tests must check for known hazards such as heavy metals, tobacco-specific nitrosamines and volatile organic compounds.

Vaping regulations in the EU have continued to evolve over the years, and the initial planning is underway for a revision of the TPD – colloquially dubbed “TPD 3” – that will take effect at some point in the future. The EU is gathering feedback from member states about what potential items to include in the new revision. Some EU states already have full or partial flavour bans in place, and it’s possible that those states will push for a flavour ban across the EU in the revised TPD.

Vaping Regulations for EU Member States

EU member states are free to set their own vaping regulations as long as those regulations are stricter than those put forth in the TPD. The TPD applies in all EU member states.

Austria

Vaping is legal in Austria. Companies that make or import vaping products must compile annual reports for the Federal Ministry of Health. Vaping is illegal in hotels and in cars when minors are present.

Belgium

Vaping is legal in Belgium. Companies that make or import vaping products must compile annual reports for the Ministry of Health. Advertisements and sponsorships by vaping companies are not allowed.

  • Bulgaria: Vaping is legal in Bulgaria. Companies that make or import vaping products must compile annual reports for the Ministry of Economy. Companies also must notify the Ministry of Economy before bringing new products to the market. Companies may not sell vaping products to customers outside Bulgaria, nor can consumers buy vaping products from outside the country. Vaping is forbidden in hospitals and in places where children congregate. Vaping companies are generally not allowed to advertise.
  • Croatia: Vaping is legal in Croatia. Companies that make or import vaping products must compile annual reports for the Ministry of Health. Companies also must notify the Ministry of Health before bringing new products to the market. Companies must register with the Ministry of Health if they wish to ship vaping products out of the country, and cross-border sales must not be illegal in the receiving country. Vaping companies are generally not allowed to advertise.
  • Cyprus: Vaping is legal in Cyprus. Companies may not sell vaping products to customers outside Cyprus, nor can consumers buy vaping products from outside the country. Most forms of advertising are banned. Vaping in a car is illegal when a pregnant woman or minor is present.
  • Czech Republic: Vaping is legal in Czechia. Companies that make or import vaping products must compile annual reports for the Ministry of Health. Companies must also notify the Ministry of Health before bringing new products to the market.
  • Denmark: Vaping is legal in Denmark. Companies must notify the Danish Safety Technology Authority before bringing new vaping products to the market if those products contain nicotine. Companies must also notify the Danish Safety Technology Authority before engaging in cross-border commerce. Advertising and sponsorships are prohibited. Vaping is illegal on public transportation and in schools and childcare facilities. Businesses are required to post rules stipulating whether and where employees are allowed to vape.
  • Estonia: Vaping is legal in Estonia. Companies must notify the Health Board before bringing new vaping products to the market. Companies may not sell vaping products to customers outside Estonia, and consumers may not buy vaping products from outside the country. Advertising is banned. Vaping is not allowed in and around facilities where children are likely to congregate.
  • Finland: Vaping is legal in Finland. Companies must notify Valvira before bringing new vaping products to the market and must await authorisation before beginning to sell those products. Companies must also submit yearly sales reports to Valvira. Companies may not sell vaping products to customers outside Finland, and consumers may not buy vaping products from outside the country. People entering Finland may bring a limited quantity of e-liquid with nicotine for personal use only. Advertising of vaping products is banned. Displaying vaping products for sale is banned except at vape shops and tobacconists. Vaping is banned in vehicles when minors are present.
  • France: Vaping is legal in France. Makers of vaping products must notify the Ministry of Health before bringing new products to the market. Companies also must register with the Ministry of Health before selling products to customers outside France and can only ship products to countries where it is legal to do so. Pharmacies are not allowed to sell vaping products. Advertisements and sponsorships by vaping companies are banned.
  • Germany: Vaping is legal in Germany. Most forms of advertising and promotion are banned.
  • Greece: Vaping is legal in Greece. Makers of vaping products must notify the Ministry of Health at least six months before bringing a new product to the market and must compile annual sales reports for the Ministry of Health. Most forms of advertising are banned. Uniquely, Greece is perhaps the only nation in the world in which e-liquid with nicotine is allowed, but nicotine-free e-liquid is banned.
  • Hungary: Vaping is legal in Hungary. The sale of vaping products is only allowed at state tobacco shops.
  • Ireland: Vaping is legal in Ireland. Makers of vaping products must notify the Health Service Executive before bringing new products to the market. Companies also must submit annual sales reports to the Health Service Executive. Companies must register with the Health Service Executive before shipping products outside Ireland and must also register with the corresponding authority in the destination country. Vaping brands may not advertise to audiences outside Ireland.
  • Italy: Vaping is legal in Italy. Makers of vaping products must notify both the Ministry of Health and the Ministry of Economy and Finance before bringing new products to the market. New products cannot be brought to the market without authorisation. Companies also must submit annual sales reports to both authorities. Advertising and sponsorships are prohibited. Vaping is banned on school properties.
  • Latvia: Vaping is legal in Latvia. Makers of vaping products must notify the Health Inspectorate before bringing new products to the market. Advertising and sponsorships are generally banned. E-liquid is taxed at €0.01 per ml of e-liquid and €0.005 per mg of nicotine. In addition, VAT of 21 percent is added to the retail price of the product.
  • Lithuania: Vaping is legal in Lithuania. Makers of vaping products must notify the Drug, Tobacco and Alcohol Control Department before bringing new products to the market. Companies must also submit yearly sales reports to the Drug, Tobacco and Alcohol Control Department. Companies may not ship vaping products to customers outside Lithuania. Consumers also may not buy vaping products from outside the country. Advertising and sponsorships by vaping companies are banned.
  • Luxembourg: Vaping is legal in Luxembourg. Makers of vaping products must notify the Directorate of Health before bringing new products to the market and must also pay a tax of €5,000 for each new product. Advertising and sponsorships are generally banned. Vaping is banned on public transportation, in cars when minors are present and in places where children are likely to congregate, such as schools, movie theatres, museums and hospitals.
  • Malta: Vaping is legal in Malta. Makers of vaping products must notify the Superintendent for Public Health before bringing new products to the market. Companies must compile annual sales reports and submit them to the Superintendent for Public Health. Companies must also register with the Superintendent for Public Health before engaging in cross-border sales and must ship only to nations where cross-border sales are allowed. Most forms of advertising are banned. Vaping is prohibited in cars when minors are present and in places where children are likely to congregate.
  • Netherlands: Vaping is legal in the Netherlands. Makers of vaping products are required to notify the national health authorities before bringing new products to the market. This requirement also applies to products without nicotine. Annual sales reports are also required. Advertising and sponsorships are generally banned. Vaping in indoor public places is banned. Traditional retailers may not display vaping products for sale, but product displays are allowed for vape shops and tobacconists. Sales of vaping products through vending machines will be banned beginning in 2022.
  • Poland: Vaping is legal in Poland. Makers of vaping products are required to notify the national health authorities before bringing new products to the market. Annual sales reports are also required. Companies are not allowed to sell vaping products to customers outside Poland. Consumers are not allowed to buy vaping products from sellers in other countries. Advertising and sponsorships are banned. E-liquid is taxed at a rate of PLN 0.5 per ml.
  • Portugal: Vaping is legal in Portugal. Makers of vaping products must notify the General Directorate of Health and the Tax and Custom Authority at least 30 days before bringing new products to the market. Companies must also submit annual sales reports to the General Directorate of Health. Companies are not allowed to ship vaping products to customers outside Portugal, and consumers may not buy vaping products from companies outside the country. Vaping is prohibited in public places and on public transportation. E-liquid is taxed at a rate of €0.31 per ml.
  • Romania: Vaping is legal in Romania. Makers of vaping products must notify the Federal Ministry of Health before bringing new products to the market and must also compile and submit annual sales reports. Companies are not allowed to ship vaping products to customers outside Romania, and consumers may not buy vaping products from companies outside the country. Advertising and sponsorships are generally banned.
  • Slovakia: Vaping is legal in Slovakia. Makers of vaping products must notify both the Slovak Trade Inspection and the Ministry of Health before bringing new products to the market. Companies must also compile annual sales reports for the Ministry of Health. Before shipping products to other nations, companies must register with the Slovak Trade Inspection and with the relevant authorities in the receiving countries. Cross-border shipping of vaping products is allowed only when such sales are legal in the receiving country. Advertising and sponsorships by vaping companies are banned.
  • Slovenia: Vaping is legal in Slovenia. Makers of vaping products must notify the National Laboratory for Health, Environment and Food before bringing new products to the market and must also compile and submit annual sales reports. Companies are not allowed to ship vaping products to customers outside Slovenia, and consumers may not buy vaping products from companies outside the country. A company may not sell vaping products unless it has a licence to sell tobacco products. Advertising by vaping companies is generally banned. Vaping is not allowed at work, in indoor public spaces, on public transportation or in cars when minors are present.
  • Spain: Vaping is legal in Spain. Makers of vaping products must notify the General Directorate of Public Health, Quality and Innovation before bringing new products to the market and must also compile and submit annual sales reports.
  • Sweden: Vaping is legal in Sweden. Makers of vaping products must notify the Public Health Agency before bringing new products to the market and must also compile and submit annual reports. Most forms of advertising are banned.
References

Norway

Vaping is legal in Norway

Norway’s vaping regulations are in a state of flux at the time of writing. At present, Norway forbids the manufacturing, sale and importation – even for personal use – of vaping products that contain nicotine. The sale of nicotine-free vaping products is restricted to customers 18 years of age and older. Any company importing and selling vaping products must register with the Norwegian Directorate of Health and must receive permission before bringing those products to the market. 

Although Norway is not a member of the European Union, it is within the European Economic Area. As such, the nation plans to harmonise its vaping regulations with those of the EU by adopting the Tobacco Products Directive. Norway announced its intention to adopt the TPD in 2019 but has not done so yet, perhaps because the COVID-19 pandemic changed the nation’s immediate health priorities. 

In addition to implementing the TPD, Norway’s draft regulations state that the country will also require companies to notify the Directorate of Health 12 weeks before introducing new vaping products or changing existing products. For online sales of vaping products, couriers will be required to verify the recipient’s age at the time of delivery. Norway also plans to exempt vaping products from its point-of-sale display ban for tobacco products. With so many different types of vaping products available, the display exemption will make buying decisions easier for consumers.

References

Russia

Vaping is legal in Russia

Russia was one of the last major nations to implement vaping regulations. Although Russia had a comprehensive tobacco control policy in place, that policy didn’t extend to vaping products, which were essentially unregulated until 2020. Russia finally implemented comprehensive vaping regulations in 2020, and those regulations have brought Russia more into line with the regulations in place in neighbouring countries.

Russia’s new vaping regulations subject all novel nicotine products – including vaping products and heat-not-burn products – to the same rules. Youth sales are banned, with 18 now set as the minimum age to purchase all nicotine products. Internet sales are banned, as are vending machines and public product displays. Advertising and sponsorship are both banned. Sales of nicotine-containing products are only allowed in stores that have the proper permits to sell tobacco products. The maximum allowed nicotine strength for e-liquid is 20 mg/ml, and all restrictions and regulations also apply to nicotine-free vaping products.

References

Ukraine

Vaping is legal in Ukraine

Ukraine’s vaping regulations are still a work in progress, with several proposed pieces of law still working their way through the legislative system. At the time of writing, Ukraine doesn’t have comprehensive vaping regulations in place, but the nation has begun to address specific aspects of the vaping industry including advertising, taxation and youth sales.

Ukrainian law subjects vaping products to all existing public smoking bans, and it’s illegal to vape anywhere smoking is not allowed. Buyers of vaping products must be at least 18 years of age. A law currently making its way through the Ukrainian Parliament will subject vaping products to the same marketing restrictions as those imposed on tobacco and alcohol products. All advertisements for vaping products will require prominent nicotine warnings, and vaping companies will need to devote at least 5 percent of their advertising budgets toward educating the public on the dangers of nicotine use. The law has wide support within Parliament.

Tobacco control policies in Ukraine include a tax on tobacco products that is set to increase every year from 2022-2025. Beginning in 2021, Ukraine has a similar tax structure for vaping products, with e-liquid being taxed at a rate of 3 UAH per ml. Ukraine will increase the tax on all tobacco and vaping products by 20 percent per year through 2025.

References

United Kingdom

Vaping is legal in the United Kingdom

After the United States, the United Kingdom is the world’s second biggest market for vaping products. Public health authorities in the UK broadly support vaping for its harm reduction potential, and any future changes to UK vaping regulations are likely to ensure that vaping remains an appealing and affordable alternative for smokers.

When the European Union enacted the Tobacco Products Directive as its comprehensive set of regulations for the vaping industry, the UK was still an EU member state. Like other EU states, the UK adopted the TPD and also drafted its own vaping regulations that were stricter in some respects than the rules put forth in the TPD.

In addition to abiding by the rules in the TPD, UK vape regulations include a requirement to register all new vaping products with the Medicines and Healthcare Products Regulatory Agency before bringing those products to the market. Companies also must register with the appropriate regulatory agencies before shipping vaping products outside Great Britain and Northern Ireland. 

Vaping brands must conduct emissions tests before selling new vaping devices and e-liquids in the UK. Some of the compounds that the tests must check for include acetaldehyde, acrolein, formaldehyde, aluminium, nickel, iron and tin.

In the wake of Brexit, it is unknown how vaping regulations in the UK will change in the future. In the UK, the TPD has worked well to give consumers a wide selection of vaping products while setting some common-sense limits to maximise the safety of e-cigarettes. It is possible, however, that future revisions to the TPD will include changes that aren’t compatible with our nation’s public health goals. In that case, our government may find it necessary to draft a set of new vaping regulations rather than continuing to abide by the TPD.

References

Middle East

Egypt

Vaping is not fully legal in Egypt

Egypt’s vaping laws prohibit the importation, advertising and sale of vaping products. Though the act of vaping isn’t specifically prohibited, there is no way to buy vaping products in Egypt legally. Sales of vaping products have been banned in Egypt since 2015. A large portion of Egypt’s population smokes, though, which has led to great demand for e-cigarettes. Some have called on Egypt’s government to create a legal framework for vaping, which would put a stop to black market sales.

References

Iran

Vaping is not fully legal in Iran

Iran’s vaping laws prohibit the importation, advertising and sale of vaping products. Though the act of vaping isn’t specifically prohibited, there is no way to buy vaping products in Iran legally. A report suggests, however, that there is great consumer interest in vaping in Iran. The report found several online vaping merchants appearing to target Internet users in Iran despite the fact that it is illegal to ship vaping products there. There are no reports suggesting that the Iranian government has any interest in repealing the vaping ban.

References

Israel

Vaping is legal in Israel

Vaping regulations in Israel are somewhat similar to the rules put forth in the Tobacco Products Directive in that Israel has a maximum legal nicotine strength for e-liquid and has put several restrictions in place to limit how e-cigarettes may be displayed and sold. The maximum legal nicotine strength in Israel is 20 mg/ml.

Israel defined its sales and marketing restrictions for the vaping industry in 2019. Retailers are not allowed to sell vaping products to minors under 18 years of age, and they may not advertise their products or sponsor other ventures. Retailers that have no age restrictions are not allowed to display vaping products for sale. Point-of-sale displays are allowed for alcohol and tobacco businesses that do not admit minors. 

Israel has a plain packaging law that applies to vaping products. Vaping products must be sold in packages with the Pantone 448 C colour and must display prominent nicotine warnings. 

References

Saudi Arabia

Vaping is legal in Saudi Arabia

Vaping regulations in Saudi Arabia have been in place since 2019. It is legal to sell vaping products in Saudi Arabia, although there are certain restrictions in place. A vaping product must display a prominent nicotine warning that covers at least 65 percent of the front and back of the package. Saudi Arabia also has a partial flavour ban. In addition to tobacco and menthol flavours, e-liquids are also allowed to have fruit flavours. However, e-liquids with dessert, candy and beverage flavour profiles are generally not allowed.

References

Turkey

Vaping is not fully legal in Turkey

Turkey’s vaping laws prohibit the importation, advertising and sale of vaping products. Though the act of vaping isn’t specifically prohibited, there is no way to buy vaping products in Turkey legally.

Turkey banned all imports of vaping products in 2020. Despite the ban, demand for vaping products in Turkey is strong, and many people have attempted to import e-cigarettes by purchasing them online. It’s a situation that the Turkish government is actively policing, with a reported 140,000 illegally imported e-cigarettes seized by the government in 2019. The official position of Turkey’s prime minister and health ministry is that vaping is harmful to health, making it unlikely that Turkey’s vaping regulations will become more favourable to consumers in the near future.

References

United Arab Emirates

Vaping is legal in the United Arab Emirates

The United Arab Emirates lifted its vaping ban in 2019, making it legal for the first time to import and sell vaping products in the UAE. The ban on vaping products was lifted in order to reduce smoking rates in the country and to reduce the proliferation of black-market products. Despite the fact that vaping products are now legal in the UAE, though, the exact regulations for product standards and limitations are still a work in progress.

The UAE applies a 100-percent “sin tax” to all tobacco products, and the tax also applies to vaping products. Vaping products must bear a digital stamp indicating that the tax has been paid, and the government is actively policing sellers to ensure that all vaping products bear the required stamp. The tax also applies to nicotine-free e-liquids.

Before importing or manufacturing a vaping product and bringing that product to the market, the product must first be registered with the Emirates Authority for Standardization and Metrology. The ESMA must approve and product and its packaging before it can be legally sold.

References

Asia

China

Vaping is legal in China

Vaping regulations in China are a special case because the e-cigarette itself is a Chinese invention, and China manufactures the majority of the world’s vaping devices, tanks and coils. Although China is the world’s primary source of vaping hardware, vaping wasn’t actually particularly popular among Chinese consumers until relatively recently. Vaping products were largely manufactured for export only. As such, the Chinese vaping industry was essentially unregulated. At the time of writing, China doesn’t even have a law prohibiting sales of e-cigarettes to minors.

Things began to change around 2019, when new e-cigarette brands such as RLX Technology appeared and began to target smokers in the Chinese market. In January 2021, RLX Technology raised $1.4 billion in an IPO. The company’s stock trades on the New York Stock Exchange. The new China-centric e-cigarette brands proved extremely popular, and China now has an estimated 10 million people who vape.

In China, the tobacco industry is a state-controlled monopoly that generated 5.45 percent of the nation’s tax revenue as of 2018. With e-cigarettes threatening this important source of revenue, China banned all online sales and online advertising of vaping products in 2019. In-person sales are still allowed.

At the time of writing, China is still in the initial planning stages of creating more comprehensive vaping regulations. The regulations would define basic safety and packaging standards and would ban sales of vaping products to minors. It is unknown what else the vaping regulations may contain.

References

India

Vaping is not fully legal in India

India’s vaping laws prohibit the importation, advertising and sale of vaping products. Though the act of vaping isn’t specifically prohibited, there is no way to buy vaping products in India legally. India’s vaping ban has been in place since 2019. Some have criticised the ban as being contrary to the goal of improving public health. Tobacco use – smokeless tobacco in particular – is extremely common in India, and the nation has one of the world’s highest oral cancer rates. Every minute, at least five people die from oral cancer in India.

References

Japan

Vaping is not fully legal in Japan

If you’ve spent any time reading the world news as it relates to the tobacco and vaping, you’ve probably noticed that heated tobacco products like IQOS are very popular in Japan. According to Japan’s vaping regulations, e-liquid with nicotine is regulated as a medicinal product and is therefore not available to buy through retailers, tobacconists or vape shops. No manufacturer of vaping products has taken a nicotine e-liquid through the process of gaining approval as a medicinal product. Therefore, there is no way to legally buy e-liquid with nicotine in Japan. That’s why heated tobacco products have been so popular there; they’re the only safer smoking alternatives that are actually legal to buy.

Although vaping regulations in Japan prohibit e-liquid with nicotine, vaping itself is legal there. Many metropolitan areas in Japan have vape shops, and Japan has many popular e-liquid brands. None of those brands contain nicotine, though, so vaping has limited appeal in Japan compared to some other nations. 

If you are traveling to Japan, you are allowed to bring a one-month supply of e-liquid with nicotine for personal use only.

Until relatively recently, Japan still allowed smoking in many public places. An unusual facet of public smoking in Japan was that vaping was discouraged in many bars and restaurants that allowed smoking because other customers found the large clouds obnoxious. That began to change in 2019 when Japan instituted a public smoking ban that prohibited smoking in a large portion of the nation’s restaurants and bars. The ban, however, did not prohibit e-cigarettes or heated tobacco products in those places. Japan instituted the ban in an effort to curb public smoking ahead of the upcoming Tokyo Olympic Games. However, many businesses are exempt from the ban.

References

Malaysia

Vaping is legal in Malaysia

Smoking is extremely common in Malaysia – particularly among males – and that has helped to generate great interest for vaping in the country. Malaysian vaping regulations classify nicotine as a poison. Therefore, to be distributed legally in Malaysia, an e-liquid with nicotine would have to receive approval for sale as a medicinal product. Upon receiving approval, the product could only be distributed by a pharmacy or medical professional. No product has received such approval, so nicotine-free e-liquid is the only type of e-liquid available to buy legally in Malaysia at the time of writing. It is estimated, however, that over 90 percent of the e-liquid purchased in Malaysia actually does contain nicotine. If that figure is correct, it suggests that a significant quantity of e-liquid enters the country illegally. 

In 2021, Malaysia implemented a tax on vaping products amounting to 10 percent on devices and hardware and MYR 0.40 per ml for e-liquid. The tax, however, only applies to nicotine-free e-liquid since that’s the only type of e-liquid legally available in Malaysia. Some have called on the Malaysian government to implement regulations for e-liquid with nicotine, thus making it possible to collect tax revenue on the most popular type of vape juice and give vapers a way to purchase it legally.

References

Philippines

Vaping is legal in the Philippines

At the time of writing, there are comprehensive vaping regulations in the Philippines covering how vaping products can be sold and where they can be used. Importers of vaping products are required to register those products with the government, and no vaping products may be sold within 100 metres of youth-oriented venues such as schools. The Philippine government reserves the right to remove any vaping product from the market if it is found to have youth appeal. No new vaping product can be legally sold in the Philippines without prior government authorisation.

All vaping products are taxed in the Philippines. The tax amounts to 37 pesos per ml for nicotine salt e-liquid and 45 pesos per ml for freebase nicotine e-liquid. Both taxes are scheduled to increase by 5 pesos per year through 2023. From that point forward, the tax will increase by a further 5 percent per year. 

Philippine President Rodrigo Duterte is strongly opposed to vaping and stated in 2019 that he intended to ban vaping entirely in the Philippines. At the time of writing, the ban has not yet occurred. However, President Duterte did implement a complete ban on public vaping. Duterte ordered law enforcement officers to arrest any person caught vaping in public.

References

Singapore

Vaping is illegal in Singapore

As of 2018, there is a total vaping ban in Singapore. The ban includes all vaping devices along with anything designed to look like a tobacco product or to be “smoked” like a tobacco product. Singapore’s vaping ban isn’t just a matter of prohibiting sales of vaping products; it is also illegal to possess and use any vaping device. Being caught using a vaping device can result in a fine of up to $2,000. Being caught trying to buy vaping products and having them shipped to Singapore can result in a fine of up to $10,000 along with up to six months of jail time. Repeat offenders face even stiffer penalties. 

Despite the complete ban on vaping in Singapore, demand for vaping products remains strong. There is reportedly a massive black-market network in Singapore that uses social media as a platform for advertising and selling vaping products. Authorities in Singapore are actively policing illegal sales of vaping products. A massive sting in 2021 resulted in the seizure of over $369,000 worth of vaping devices and pods.

References

South Korea

Vaping is legal in South Korea

Vaping regulations in South Korea prohibit the sale of vaping products with nicotine to minors under 19 years of age. All packages and marketing materials for vaping products must also display prominent nicotine warnings. South Korea’s public smoking ban applies to vaping products and prohibits vaping wherever smoking is not allowed.

South Korea’s vaping regulations consider nicotine-free vaping products to be standard consumer products. As such, no restrictions are placed on their sale or use.

South Korea has implemented a tax on vaping products with the funds earmarked to pay for education and the promotion of public health. In total, the taxes and fees on e-liquid add up to a total of 1,799 won per ml for e-liquid with nicotine. In addition, e-cigarette cartridges and pods are subject to a waste fee of 24 won per 20 cartridges or pods. Vaping hardware is subject to a VAT of 10 percent.

References

Taiwan

Vaping is not fully legal in Taiwan

In 2020, Taiwan modified its tobacco control laws to include new regulations banning the manufacturing, importation and sale of vaping products with nicotine. Nicotine-free vaping products are reportedly not covered by the ban. The ban features an extremely harsh penalty imposed on anyone caught manufacturing or importing banned products. The maximum allowable fine is a massive NT $50 million.

References

Thailand

Vaping is not fully legal in Thailand

Vaping regulations in Thailand do not include a law banning the ownership or use of vaping products. However, it is illegal to sell vaping products in Thailand or to import them into the country. The import and sale bans include nicotine-free vaping products. Being caught using a vaping device in public can result in a hefty fine and jail time or deportation.

References

Africa

Ethiopia

Vaping is illegal in Ethiopia

In 2019, Ethiopia implemented a new tobacco control act that includes a ban on most alternative nicotine products including e-cigarettes and heated tobacco products. Ethiopia has some of the world’s lowest cigarette prices and has a very high smoking rate. Given the country’s high smoking rate, some have criticised the vape ban as being a poor step for harm reduction.

References

Kenya

Vaping is legal in Kenya

At the time of writing, there are no vaping regulations in Kenya. Vaping devices and e-liquids are available to purchase with no restrictions.

References

Nigeria

Vaping is legal in Nigeria

At the time of writing, there are no vaping regulations in Nigeria. Vaping devices and e-liquids are available to purchase with no restrictions. However, vaping products have only begun to appear in major Nigerian cities like Lagos relatively recently. Surveys have shown that many Nigerian smokers are unaware of exactly what vaping entails and would like to learn more about it. 

In addition to low awareness, another factor hampering widespread adoption of vaping in Nigeria is that the prices for vaping products are out of reach for many consumers. Although it is illegal to sell individual cigarettes in Nigeria, that is reportedly the most popular way to purchase cigarettes there. Vaping products cost substantially more than cigarettes in Nigeria, and it’s unlikely that vaping will become more popular there unless the prices become competitive with tobacco products.

References

South Africa

Vaping is legal in South Africa

Vaping regulations in South Africa have been a work in progress since 2018. Progress on the Control of Tobacco Products and Electronic Nicotine Delivery Systems Bill was somewhat derailed, however, by the COVID-19 pandemic. South Africa’s response to the pandemic included a temporary ban on the sales of alcohol, tobacco and vaping products. 

The bill has since resumed making its way through the South African legislature. As it stands, vaping is legal in South Africa. It seems likely that the new vaping regulations will subject vaping products to the same restrictions as tobacco products.

References

Oceania

Australia

Vaping is legal in Australia

vaping regulations in australia

Embed this infographic in your own site – copy the code below to embed

<p><img src=”https://vapekit.co.uk/blog/wp-content/uploads/2021/08/Vapekit_AU_map.png” max-width=”1000″> <p>Vaping Regulations in Australia – An Infographic by <a href=”https://vapekit.co.uk/blog/worldwide-regulation-of-the-vaping-industry-ultimate-guide/“>Vapekit</a></p>

Vaping regulations in Australia are a bit of an unusual case because Australia’s controlled substance laws classify liquid nicotine as a poison. For that reason, it isn’t possible to buy vaping products with nicotine from any vape shop or traditional retailer. Unlike in other nations that have banned nicotine e-liquid, though, Australia also has laws in place to make nicotine available for those who need it.

Australia has no federal restrictions on vaping hardware and nicotine-free e-liquid; both are available from a variety of online retailers and vape shops. However, Australian states are free to set their own vaping regulations as long as the regulations are stricter than those set at the federal level.

To obtain nicotine e-liquid in Australia, you must first receive a prescription from a doctor. Although some people have reported that certain doctors have been unwilling to prescribe nicotine, Australia does have a national tobacco harm reduction association – ATHRA – that’s working to disseminate information to doctors around the nation. The Australia Department of Health is also helping to ensure that Australian doctors are aware of how the country’s vaping regulations work.

After obtaining a prescription, there are two options for obtaining vaping products with nicotine. The first option is to bring your prescription to a compounding pharmacy and have the pharmacy make the e-liquid. Only some pharmacies have the required ingredients, and those that do will probably have very limited flavour selections.

The second option is to import the products from overseas sellers who ship to Australia. Given the close proximity to New Zealand, it is extremely common for Australian vapers to import their e-liquids from that country. 

There are strict limits as to how much e-liquid vapers can import. The Personal Importation Scheme allows for the importation of no more than a three-month supply of e-liquid in any single order and no more than a 15-month supply during a calendar year. Australia’s vaping regulations aren’t clear on exactly how much e-liquid constitutes a month’s supply.

In the future, it is possible that the Australian Therapeutic Goods Administration will approve specific e-liquid products for importation. If that happens, then it might become possible to purchase those products directly from pharmacies rather than ordering them from abroad. 

In 2020, Australian Health Minister Greg Hunt planned to ban all imports of nicotine e-liquid beginning in January of 2021. The ban didn’t end up happening, though, due to significant backlash from the public and from members of the Australian Parliament. Instead of implementing the ban, Australia simply reaffirmed the need to have a valid prescription before ordering e-liquid from abroad. However, a prescription was always required for the importation of nicotine e-liquid into Australia; customs agents have simply begun watching incoming packages more closely to catch violators.

Vaping Regulations for Australian States and Territories

Australian states are free to set their own vaping regulations as long as those regulations are stricter than those set at the federal level. The state vaping regulations in Australia typically focus on age requirements, product displays and public vaping. Generally, Australian states restrict the sales of vaping products to adults aged 18 or older. Public smoking bans in Australian states almost always apply to vaping as well. It is generally not permitted for stores that admit minors to display vaping products for sale. Other vaping laws in Australian states appear below.

  • Australian Capital Territory: Vaping is legal in the Australian Capital Territory. Substantially the same as above.
  • New South Wales: Vaping is legal in New South Wales. Vaping products may only be sold at a single cash register per business. Vaping products may not be sold from kiosks, booths or tents. Vaping is allowed in vape shops if those shops apply to be made exempt from public vaping bans.
  • Northern Territory: Vaping is legal in the Northern Territory. A retailer must have a valid tobacco seller licence to sell vaping products.
  • Queensland: Vaping is legal in Queensland. Vaping products may only be sold at a single cash register per business. Vaping products may not be sold from kiosks, booths or tents.
  • South Australia: Vaping is legal in South Australia. Internet sales of vaping products are banned. Vaping companies may not promote or advertise their products. A seller must be licenced to sell both vaping products and tobacco products.
  • Tasmania: Vaping is legal in Tasmania. Sellers of vaping products must be licenced by the government and are required to submit periodic sales reports. Sellers may not place pictures of vaping equipment or e-liquid on their websites. Vaping products may not be sold from kiosks, booths or tents.
  • Victoria: Vaping is legal in Victoria. A seller of vaping products may devote no more than four square metres to product displays and may have only a single price board. Vaping products may not be sold from kiosks, booths or tents.
  • Western Australia: Vaping is legal in Western Australia. Vaping devices are illegal to sell if they resemble tobacco products.
References

New Zealand

Vaping is legal in New Zealand

The government of New Zealand recognises the harm reduction potential of e-cigarettes. Regulations on vaping in New Zealand  – which came into effect in 2020 after several years of discussion – focus on ensuring that vaping is available as an appealing and affordable alternative for adult smokers while limiting the potential appeal of vaping to minors as much as possible. The implementation of the vaping laws in New Zealand is staggered, with some items taking effect immediately and some being phased in throughout 2021.

Immediately upon ratification of the new vaping laws, it became illegal to sell vaping products to minors in New Zealand under the age of 18. Vaping is banned in workplaces, school grounds, childcare centres and in places where minors are likely to congregate. Manufacturers and importers of vaping products are also required to notify public health authorities if consumers report any adverse reactions to vaping products. Vaping companies are not allowed to advertise, and sponsorships are banned.

Beginning in August 2021, New Zealand will have a partial flavour ban in place. Traditional retailers will only be allowed to sell vaping products in tobacco, mint and menthol flavours. Specialty vape shops will still be allowed to sell all e-liquid flavours. 

Some aspects of New Zealand’s vaping regulations haven’t been finalised yet. In 2021, lawmakers plan to enact standards regarding product packaging and safety. A system for taxation of vaping products may also be implemented. Retailers will eventually be required to submit yearly sales reports. Importers of vaping products will be required to register those products with the government. By February 2022, it will only be legal to sell products with up-to-date government registrations.

References

 

Traveling Abroad with Your Vape Gear

One of the reasons why you might be curious to know the different vaping laws around the world is because you’re interested in traveling abroad with your vape gear. If that’s the case, then you don’t only need to know about the regulations in your destination country; you also need to pack your vape gear according to the airline’s rules and obey the regulations that relate to vaping as you pass through the various airports along the way. We cover this topic in much greater detail in our article about e-cigarettes on British airlines. In general, though, there are three rules that you must obey during your trip.

  • Airline regulations for vape gear specify that any vaping device with a built-in battery – or any spare lithium-ion battery for a vaping device – must be packed in your carry-on baggage. Turn your vaping device off and be prepared to present it for inspection when you go through security. Unless your tank is empty, you’ll need to remove it and pack it with your liquid items. Pack spare batteries in dedicated battery carriers.
  • Airline vape juice regulations specify that, if you wish to bring e-liquid or pre-filled vape cartridges in your carry-on baggage, you’ll need to place them in a single transparent, resealable plastic bag, which holds no more than a litre (approximately 20cm x 20cm) for separate inspection along with all other liquid or gel products that aren’t in your checked baggage. Each e-liquid container in the zip-top bag must have a capacity of 100ml or smaller. You may carry additional e-liquid in your checked baggage with no restrictions.
  • You should always assume that you can’t vape except in areas where smoking is allowed. That means absolutely no vaping on airplanes and no vaping at airports except in designated smoking areas. Many airports do not have smoking areas within their security perimeters, so you may find it worthwhile to bring a package of nicotine gum, lozenges or pouches when traveling abroad.

All airlines classify lithium-ion batteries and liquids as potentially hazardous goods, and the rules about traveling with those items may change without notice. Before traveling abroad, always check the airline’s hazardous goods page to confirm that you’re packing your vape gear in accordance with all relevant rules and regulations.

***

We really hope you enjoyed our guide outlining e-cigarette regulations by country and countries where vaping is illegal. Please leave your comments and suggestions below and we’ll be sure to reply.

2 Comments

  • James

    Great guide, really comprehensive, thanks!

  • George

    Amazing guide, man! thanks!

Please post your comments & reviews

Your email address will not be published. Required fields are marked *